Next step in the process? - Self Rep

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Ticcer

Active Member
11 March 2019
5
0
31
Hi all.

So, I have an employment claim against my previous employer in a Queensland Magistrates Court.

I am the Plaintiff. I filed the claim, got no response. Filed for a default judgement. Got it.

Defense filed to have the default judgement set aside and succeeded.... basically, between me and the court registry making errors, the claim and the default judgement was flawed.

Plaintiff filed an amended statement of claim.

Defendant filed Notice of intention to Defend and Defense.

Plaintiff filed a Reply and Answer.

...what happens now?

Do I have to file anything to get the matter to a hearing or do I just wait for the Registrar to set the matter down for a hearing?

I ask because, the Registry staff don't know and the Registrar won't be drawn on the question.

Cheers

T
 

Ticcer

Active Member
11 March 2019
5
0
31
Umm.. forgot to add...

Also, I have 2 former employees who would like to give evidence in support of my claim. The UCPR isn't particularly clear as to how I get them in to a hearing to give evidence.

Do I need to get affidavits from them first??

Do I just file affidavits at any time?

Do they just turn up on the day?

Cheers

T
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Please note: I am not a litigator.

The Queensland Magistrates Court is 'party driven'. It also takes its evidence in chief in affidavit form. Your next step is to collate all your materials, get your affidavits in order, and go through the discovery phase with the other party. This will take as long as it takes and, as the plaintiff, it's up to you to initiate it. If you need assistance from the Court (such as an order to provide further information), you'll need to make a Chamber Application.

The Court will not proceed to a hearing until both parties file a request for trial date. You then need to participate in a without prejudice directions conference to attempt to settle the matter before a final hearing will take place.

I suggest you look here and start reading: Representing yourself
I also suggest you get ahold of the Uniform Civil Procedure Rules and Practice Directions, and look at the procedural requirements necessary for each step, and the ones following. Getting these wrong can delay or derail your action. A copy of the UCPR can be found here: In force legislation - Queensland Legislation - Queensland Government
and the Practice Directions here: Practice directions - Magistrates Court
 
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Ticcer

Active Member
11 March 2019
5
0
31
Thanks Rob. Much appreciated. I'll be doing lot of reading over the weekend.